Keeping Iran's nuclear programme civil: The legality of using force against Iran in respect of its nuclear activities.
Published: 2006
Language: eng
Number of pages: 67
ISBN-13: 9780494212400
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Nuclear weapons -- Iran.; Nuclear power plants -- Iran.; Intervention (International law) -- Iran.; Self-defense (International law) -- Iran.
Description: The current dispute over Iran's nuclear programme has triggered, and indeed been aggravated by, reports of planned military strikes against both its nuclear and military installations. This paper considers the legality of an armed attack. It examines whether military intervention could be justified under the UN Charter as an exception to Article 2(4)'s general prohibition on the use of force i.e. as where authorised by the Security Council or as an act of self-defence. The paper then considers if anticipatory or preventive self-defence could be lawfully applied. It discovers that even if anticipatory self-defence is lawful, the factual context does not lend itself to its application. In direct contrast, the facts at hand correlate with the operating criteria of preventive self-defence but the fact that it has not yet been absorbed into customary international law impedes its legal praxis.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1283.

Thesis (LL.M.)--University of Toronto, 2006.

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